2022 Trial Lawyer of the Year
Bill Winingham
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Whether assisting crime victims as an Assistant U.S. Attorney and state court prosecutor or representing those seriously injured due to negligence or dangerous products, Bill Winingham has always been on the side of those who have suffered from others’ misconduct. His emphasis on civil litigation has evolved to include vehicle accidents, fires and explosions, products liability, and cases against insurance companies for their lack of good faith in settling claims.
Bill is a member of Indiana’s Judicial Nominating and Qualifications Commission, serving his second three-year term. This Commission interviews and selects candidates to fill vacancies on the Indiana Court of Appeals and Indiana Supreme Court, and reviews complaints against and filing charges against Indiana judges for judicial misconduct. Bill is also a past chairman and current member of the Board of Directors for the Rehabilitation Hospital of Indiana Foundation. |
Trial Lawyer of the Year Award Criteria
A lawyer who upholds the honor of the legal profession and is a true defender of the people; a lawyer who works to protect the rights of injured victims and consumers; a lawyer who successfully handles a case of major public importance in state or federal court, including appellate courts; a lawyer who assists ITLA in their efforts to protect the rights of consumers and injured victims at the state legislature and the U.S. Congress; a lawyer who devotes substantial time and effort to further the mission of ITLA by serving as a member; a lawyer who frequently publishes articles and gives presentations in support of the rights of injured victims and consumer rights; and lastly, a lawyer who earns admiration and respect for trial lawyers as a result of noteworthy activities.
Bill and Jon's Nomination
Submitted by Nick Deets
In Tyus v. IPL, 134 N.E.3d 389 (Ind. Ct. App. 2019), trans. denied, Bill and Jon represented a young family of five in a tragic intersection collision case. The crash caused the family's mother to suffer severe orthopedic injuries and left two of her children with severe brain injuries. One of the children lost the use of one side of his body, while the other child is now confined to a hospital bed unable to move, feed himself, or even communicate. When the other driver's automobile policy did not come close to taking care of this family, Bill and Jon brought suit against the City where the crash occurred, a municipal utility company, and one of its contractors. They took about twenty-five depositions, hired experts, put life care plans together, and made great headway during discovery. However, the trial court, confined by existing authority, felt it had no choice but to throw the case out because the tariff approved by the Indiana Utility Regulatory Commission granted civil immunity to the utility.
Bill and Jon were undeterred. They convinced the Court of Appeals to give them an interlocutory appeal, and, after oral argument, secured a 3-0 opinion holding that the IURC had exceeded its authority in granting immunity to the utility through its tariff. The utility and its two amici sought transfer. After hearing oral argument, the Indiana Supreme Court denied transfer eight months later and the case was resurrected. This case will help protect Hoosiers from unfair immunities given by unelected governmental bodies long into the future.
Bill and Jon remarshalled their evidence, updated their life care plans, made a day-in-the-life video, polished their case before a mock jury, and prepared ready for trial. Luckily, no trial was need. The case was confidentially settled at the end of last year. Bill and Jon ensured the parents had the money to take care of their children by modifying their home, buying a handicap accessible vehicle, and hiring a full-time caregiver. The children now have the resources to be well taken care of even after their parents can no longer do so. In addition to the Tyus case, Bill and Jon also were successful in securing class status as to one defendant and reaching a Federal Court resolution providing a significant remedy for those unfairly penalized through the Riverlink Kentucky Bridges toll system imposing fees and penalties in improper ways. A significant accomplishment on its own.
Bill and Jon have twice successfully represented the ITLA amicus committee in efforts to hold insurance companies accountable. In State Farm Mut. Auto. Ins. Co. v. Jakubowicz, Bill and Jon helped convince the Indiana Supreme Court that an insurer cannot enforce a two-year limitation on underinsured motorist insurance lawsuits while simultaneously requiring the insured to obtain the limits of the underlying tortfeasor' s policy limits before making a claim for coverage. In Indiana Insurance Guaranty Association v. Smith, Bill and Jon helped protect Hoosiers throughout Indiana by helping convince the Indiana Court of Appeals that an insurer cannot deny its insured's uninsured motorist coverage insurance claims when the underlying tortfeasor is denied liability coverage for failing to cooperate with their insurer. Bill continues to serve on ITLA's Amicus Committee in its successful efforts to help all ITLA members.
Finally, Bill is in the homestretch of serving two terms on the all-important Judicial Nominating Commission. Bill served at a time of multiple appointments, including the recent appointment of our newest Supreme Court Justice, and has spent innumerable hours making sure the nominees forwarded to the Governor were fair and impartial.
Bill and Jon were undeterred. They convinced the Court of Appeals to give them an interlocutory appeal, and, after oral argument, secured a 3-0 opinion holding that the IURC had exceeded its authority in granting immunity to the utility through its tariff. The utility and its two amici sought transfer. After hearing oral argument, the Indiana Supreme Court denied transfer eight months later and the case was resurrected. This case will help protect Hoosiers from unfair immunities given by unelected governmental bodies long into the future.
Bill and Jon remarshalled their evidence, updated their life care plans, made a day-in-the-life video, polished their case before a mock jury, and prepared ready for trial. Luckily, no trial was need. The case was confidentially settled at the end of last year. Bill and Jon ensured the parents had the money to take care of their children by modifying their home, buying a handicap accessible vehicle, and hiring a full-time caregiver. The children now have the resources to be well taken care of even after their parents can no longer do so. In addition to the Tyus case, Bill and Jon also were successful in securing class status as to one defendant and reaching a Federal Court resolution providing a significant remedy for those unfairly penalized through the Riverlink Kentucky Bridges toll system imposing fees and penalties in improper ways. A significant accomplishment on its own.
Bill and Jon have twice successfully represented the ITLA amicus committee in efforts to hold insurance companies accountable. In State Farm Mut. Auto. Ins. Co. v. Jakubowicz, Bill and Jon helped convince the Indiana Supreme Court that an insurer cannot enforce a two-year limitation on underinsured motorist insurance lawsuits while simultaneously requiring the insured to obtain the limits of the underlying tortfeasor' s policy limits before making a claim for coverage. In Indiana Insurance Guaranty Association v. Smith, Bill and Jon helped protect Hoosiers throughout Indiana by helping convince the Indiana Court of Appeals that an insurer cannot deny its insured's uninsured motorist coverage insurance claims when the underlying tortfeasor is denied liability coverage for failing to cooperate with their insurer. Bill continues to serve on ITLA's Amicus Committee in its successful efforts to help all ITLA members.
Finally, Bill is in the homestretch of serving two terms on the all-important Judicial Nominating Commission. Bill served at a time of multiple appointments, including the recent appointment of our newest Supreme Court Justice, and has spent innumerable hours making sure the nominees forwarded to the Governor were fair and impartial.